By Atty. Julius Gregory B. Delgado
SUPREME COURT HOLDS REGIONAL CONSULTATIONS FOR CRIMINAL PROCEDURE AND CIVIL PROCEDURE AMENDMENTS
Last Thursday and Friday, October 17 and 18, 2024, the Supreme Court held regional consultations at the Holy Name University in Dampas District, Tagbilaran City for the Amendments to the Rules of Criminal Procedure (Crimpro) and Civil Procedure (Civpro), respectively. The consultations were graced by no less than the Chief Justice, Hon. Alexander Gesmundo, and the following Associate Justices: 1) Hon. Rodil Zalameda; 2) Hon. Antonio Kho; 3) Henri Jean Paul Inting; 4) Hon. Jhosep Lopez; 5) Hon. Japar Dimaampao; and 6) Hon. Jose Midas Marquez. The Crimpro leg was sponsored by Australian Aid while the Civpro leg was sponsored by the European Union.
For the Crimpro leg, Court of Appeals Justices Jose Fortunato Caringal and Eduardo Peralta explained the salient features of the amendments. Among the notable changes is the custodial hearing and conditional arraignment of a Person Deprived of Liberty (PDL) applying for bail wherein he or she will be conditionally arraigned so that even if he or she jump bails after attaining temporary liberty, a trial in absentia may already be conducted unlike before wherein the case will be archived pending the re-arrest of the accused.
For the Civpro leg, Court of Appeals Justice Pablito Perez, Metropolitan Trial Court of Makati Judge Jackie Crisologo-Saguisag, and Professors Maria Luisa Isabel Rosales, Sandra Marie Olaso-Coronel and Manuel Riguera explained the amendments. Among others, one of the salient amendments is that the appeal will no longer reach the Supreme Court. For the first level courts, the appeal will only be until the Regional Trial Court and the case will already become final and executory. With respect to the second level courts or Regional Trial Court, the appeal will only be until the Court of Appeals. Just like in the United States of America, the Supreme Court will focus on constitutional cases and cases of national significance or importance. Another important amendment is to require litigants to resort to alternative dispute resolution twice before one can file a case.
Attendees composed of Judges, Prosecutors, Public Attorneys and Private Practioners were grouped into breakout sessions to hear their views on the proposed amendments. The Supreme Court will consider their comments and suggestions in refining the proposed amendments. Chief Justice Gesmundo gave a marching order that he wants the amendments discussed, deliberated, and approved by the Supreme Court En Banc on the first quarter of 2025.